Crim Pro - Exclusionary rule

Question 1

Exclusionary Rule - GR

Answer 1

Someone who has been the victim of “illegal search” or a “coerced confession” can (among other remedies) have the product of that illegal search or coerced statement EXCLUDED from any subsequent criminal prosecution.

(police do something wrong, consequence may be exclusion)

Question 2

Exclusionary Rule - 5 Limitations

Answer 2

1. Doesn’t apply to grand jury proceedings (witness can be compelled to testify based on illegally seized evidence)
2. Exclusion is NOT available remedy in civil proceedings.
3. NOT available in parole revocation proceedings.
4. Exclusion does NOT apply to use of excluded evidence for impeachment purposes. ***
   - all illegally seized evidence may be admitted to impeach the credibility of the D’s trial testimony (only D, not other witnesses)(Miranda violations qualify)
5. Not available for knock and announce violations

Question 3

Exclusionary Rule - Fruit of Poisonous Tree

Answer 3

Exclusion doctrine does not jus exclude illegally seized evidence, but ALL evidence obtained or derived from police illegality.

-Does NOT apply to Miranda violations, unless police act in bad faith.

Question 4

Exclusionary Rule - Fruit of Poisonous Tree - Limitations (breaking the chain)

Answer 4

3 In’s

1. Gov. show it had INDEPENDENT source for that evidence
2. INEVITABLE discovery
3. INTERVENING acts of free-will on D’s part (i.e D leaves, and voluntarily returns)

Question 5

Exclusionary Rule - Convictions

Answer 5

Convictions will not necessarily be overturned because of improperly obtained evidence was admitted at trial.

Appeals court applies “harmless error” rule (conviction will be upheld if conviction would have resulted despite improper evidence.